Lori Drew’s lawyers seek to toss cyber-bully case October 22, 2008Posted by cyberpatrol in Anonymous, cyberbullying, cybercrime, cyberterrorism, myspace.
Tags: Anonymous, lori drew, megan meier, myspace
Lawyers representing Lori Drew, the mother who is accused of using the social networking site MySpace to help cyber-bully a teen who then killed herself, filed a motion Monday seeking to throw out the indictment against her.
Prosecutors said Drew and others schemed in 2006 to humiliate Megan Meier, 13, a neighbor in Dardenne Prairie, using a fake teenage boy’s identity on MySpace.
Megan was first a friend, then a “rival” of Drew’s daughter, prosecutors have said.
Federal and state prosecutors in the St. Louis area said they found no charge to apply against Drew, but the U.S. attorney’s office in Los Angeles, where MySpace is based, obtained indictments accusing her of one count of conspiracy and three counts of illegally accessing protected computers.
Prosecutors say Drew violated MySpace’s terms of service, which prohibit lying when registering, soliciting information from someone under 18 and harassing other users.
In the motion filed Monday, her attorneys argue that the government must do more than simply allege that the terms of service were violated.
“The fatal flaw in the government’s case is that MySpace knew perfectly well at all time exactly what it was doing,” the motion says. “MySpace knew that it was providing an account to users who might or might not comply with the Terms of Service. Most users violate Terms of Service frequently, as MySpace is surely aware.”
Drew’s attorneys also argue that the Computer Fraud and Abuse Act, which Drew is accused of violating, should not be used to punish “everything bad that happens on the Internet.” They also contend the indictment should be tossed because no theft was committed and the law Drew is being charged under requires a theft, as well as that recent legislation implies the law does not apply when the defendant and victim are in the same state.
It was not clear late Monday when a judge could rule on the motion.